On March 28th 2003, Mr. Medhi Chesne was suspected of drug trafficking by an investigating judge. The same day, another judge of the tribunal of Orleans ordered the detention of the applicant for 4 months pending investigation. On April 17th 2003, the court of appeal of Orleans rejected the appeal of the applicant partly on the ground that the applicant refused to confess and that he was “a drug trafficker“.
On July 31th 2003, the court of appeal of Orleans ruled on the detention of the applicant’s partner describing her as “the partner of the main drug trafficker“.
On June 30th 2004, the tribunal of Orleans condemned the applicant to 13 years in jail for drug trafficking. On July 5th 2004, the applicant appealed the ruling. On October 18th 2004, the applicant filed a motion to recuse two of three judges of the appeal court of Orleans (article 668 of the code of penal procedure) on the ground that they participated on the previous rulings on his detention and the one of his partner.
On October 19th 2004, the motion was rejected. On December 7th 2004, the appeal court of Orleans condemned the applicant to 10 years in jail. On November 23th 2005, the supreme court rejected his appeal (case 04-87723).
On July 5th 2006, Mr. Medhi Chesne filed an application with the E.C.H.R arguing the appeal court ruling and the supreme court ruling were in violation of article 6-1. On September 8th 2008, the application was communicated to the agent of the French government.
On April 22th 2010, the E.C.H.R found a violation of article 6-1 for the appeal court ruling. The applicant was represented by Me Thomas Bidnic (Paris) who refused to answer our questions.
Under article 626-1 of the code of penal procedure, the applicant can now request from a special commission, a new trial to redress the violation of article 6 found by the E.C.H.R.